THE CONSERVATION OF FOREIGN EXCHANGE AND  
PREVENTION OF SMUGGLING ACTIVITIES ACT, 1974 
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ARRANGEMENT OF SECTIONS 
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SECTIONS 

1.  Short title, extent and commencement. 
2.  Definitions. 
3.  Power to make orders detaining certain persons. 
4.  Execution of detention orders. 
5.  Power to regulate place and conditions of detention. 
 5A. Grounds of detention severable. 
6.  Detention orders not to be invalid or inoperative on certain grounds. 
7.  Powers in relation to absconding persons. 
8.  Advisory Boards. 
9.  Cases in which and circumstances under which persons may be detained for periods longer than 

three months without obtaining the opinion of Advisory Board. 

10.  Maximum period of detention. 
10A. Extension of period of detention. 
11. Revocation of detention orders. 
12. Temporary release of persons detained. 
12A. Special provisions for dealing with emergency. 
13. Protection of action taken in good faith. 
14. Repeal. 

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THE CONSERVATION OF FOREIGN EXCHANGE AND  
PREVENTION OF SMUGGLING ACTIVITIES ACT, 1974 

ACT NO. 52 OF 1974 

[13th December, 1974.]  

An Act to provide for preventive detention in certain cases for the purposes of conservation 
and  augmentation  of  Foreign  Exchange  and  prevention  of  smuggling  activities  and  for  matters 
connected therewith. 

WHEREAS  violations  of  foreign  exchange  regulations  and  smuggling  activities  are  having  an 
increasingly  deleterious  effect  on  the  national  economy  and  thereby  a  serious  adverse  effect  on  the 
security of the State; 

AND  WHEREAS  having  regard  to  the  persons  by  whom  and  the  manner  in  which  such  activities  or 
violations are organised and carried on, and having regard to the fact that in certain areas which are highly 
vulnerable  to  smuggling,  smuggling  activities  of  a  considerable  magnitude  are  clandestinely  organised 
and carried on, it is necessary for the effective prevention of such activities and violations to provide for 
detention of persons concerned in any manner therewith; 

BE it enacted by Parliament in the Twenty-fifth Year of the Republic of India as follows:— 

1. Short title, extent and commencement.—(1) This Act may be called the Conservation of Foreign 

Exchange and Prevention of Smuggling Activities Act, 1974. 

(2) It extends to the whole of India. 
(3) It shall come into force on such date1(being a date not later than the twentieth day of December, 

1974), as the Central Government may, by notification in the Official Gazette, appoint. 

2. Definitions.—In this Act, unless the context otherwise requires,— 

(a)  “appropriate  Government”  means,  as  respects  a  detention  order  made  by  the  Central 
Government or by an officer of the Central Government or a person detained under such order, the 
Central Government, and as respects a detention order made by a State Government or by an officer 
of a State Government or a person detained under such order, the State Government; 

(b) “detention order” means an order made under section 3; 

(c) “foreigner” has the same meaning as in the Foreigners Act, 1946 (31 of 1946); 

(d) “Indian customs waters” has the same meaning as in clause (28) of section 2 of the Customs 

Act, 1962; 

(e) “smuggling” has the same meaning as in clause (39) of section 2 of the Customs Act, 1962 
(52  of  1962),  and  all  its  grammatical  variations  and  cognate  expressions  shall  be  construed 
accordingly; 

(f) “State Government”, in relation to a Union territory, means the administrator thereof; 

(g) any reference in this Act to a law which is not in force in the State of Jammu and Kashmir 
shall, in relation to that State, be construed as a reference to the corresponding law, if any, in force in 
that State. 

3.  Power  to  make  orders  detaining  certain  persons.—(1)  The  Central  Government  or  the  State 
Government  or  any  officer  of  the  Central  Government,  not  below  the  rank  of  a  Joint  Secretary  to  that 

1. 19th December, 1974, vide notification No.  G.S.R. 690(E), dated 16th December, 1974, see Gazette of India, Extraordinary,   

Part II,  sec. 3 (i). 

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Government, specially empowered for the purposes of this section by that Government, or any officer of a 
State  Government,  not  below  the rank  of  a  Secretary  to  that  Government, specially  empowered  for the 
purposes  of  this  section  by  that  Government,  may,  if  satisfied,  with  respect  to  any  person  (including  a 
foreigner), that, with a view to preventing him from acting in any manner prejudicial to the conservation 
or augmentation of foreign exchange or with a view to preventing him from— 

(i) smuggling goods, or 

(ii) abetting the smuggling of goods, or 

(iii) engaging in transporting or concealing or keeping smuggled goods, or 

(iv)  dealing  in  smuggled  goods  otherwise  than  by  engaging  in  transporting  or  concealing  or 

keeping smuggled goods, or 

(v) harbouring persons engaged in smuggling goods or in abetting the smuggling of goods, 

it is necessary so to do, make an order directing that such person be detained. 

1[Provided that no order of detention shall be made on any of the grounds specified in this sub-section 
on  which  an  order  of  detention  may  be  made  under  section  3  of  the  Prevention  of  Illicit  Traffic  in 
Narcotic  Drugs  and  Psychotropic  Substances  Act,  1988  or  under  section  3  of  the  Jammu  and  Kashmir 
Prevention  of  Illicit  Traffic  in  Narcotic  Drugs  and  Psychotropic  Substances  Ordinance,  1988  (J  &  K 
Ordinance 1 of 1988).] 

(2) When  any  order  of detention is  made  by  a  State Government  or  by  an officer  empowered  by  a 
State  Government,  the  State  Government  shall,  within  ten  days,  forward  to  the  Central  Government  a 
report in respect of the order. 

(3)  For the  purposes  of  clause  (5)  of  article  22  of  the  Constitution, the  communication  to  a  person 
detained in pursuance of a detention order of the grounds on which the order has been made shall be made 
as  soon  as  may  be  after  the  detention,  but  ordinarily  not  later  than  five  days,  and  in  exceptional 
circumstances  and  for  reasons  to  be  recorded  in  writing,  not  later  than  fifteen  days,  from  the  date  of 
detention. 

4.Execution of detention orders.—A detention order may be executed at any place in India in the 
manner  provided  for  the  execution  of  warrants  of  arrest  under  the  Code  of  Criminal  Procedure,  1973 
(2 of 1974). 

5.  Power  to  regulate  place  and  conditions  of  detention.—Every  person  in  respect  of  whom  a 

detention order has been made shall be liable— 

(a)  to  be  detained  in  such  place  and  under  such  conditions  including  conditions  as  to 
maintenance,  interviews  or  communication  with  others,  discipline  and  punishment  for  breaches  of 
discipline, as the appropriate Government may, by general or special order, specify; and 

(b) to be removed from one place of detention to another place of detention, whether within the 

same State or in another State by order of the appropriate Government: 

Provided that no order shall be made by a State Government under clause (b) for the removal of a 

person from one State to another State except with the consent of the Government of that other State. 

1. The proviso ins. by Act 46 of 1988, s. 15 (w.e.f. 4-7-1988). 

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1[5A. Grounds of detention severable.—Where a person has been detained in pursuance of an order 
of detention under sub-section (1) of section 3 which has been made on two or more grounds, such order 
of detention shall be deemed to have been made separately on each of such grounds and accordingly— 

(a) such order shall not be deemed to be invalid or inoperative merely because one or some of the 

grounds is or are— 

(i) vague, 

(ii) non-existent, 

(iii) not relevant, 

(iv) not connected or not proximately connected with such person, or 

(v) invalid for any other reason whatsoever, 

and it is not, therefore, possible to hold that the Government or officer making such order would have 
been satisfied as provided in sub-section (1) of section 3 with reference to the remaining ground or 
grounds and made the order of detention; 

(b) the Government or officer  making the order of detention shall be deemed to have made the 
order of detention under the said sub-section (1) after being satisfied as provided in that sub-section 
with reference to the remaining ground or grounds.] 

6. Detention orders not to be invalid or inoperative on certain grounds.—No detention order shall 

be invalid or inoperative merely by reason— 

(a) that the person to be detained thereunder is outside the limits of the territorial jurisdiction of 

the Government or the officer making the order of detention, or 

(b) that the place of detention of such person is outside the said limits. 

7.  Powers  in  relation  to  absconding  persons.—(1)  If  the  appropriate  Government  has  reason  to 
believe that a person in respect of whom a detention order has been made has absconded or is concealing 
himself so that the order cannot be executed, that Government may— 

(a) make a report in writing of the fact to a Metropolitan Magistrate or a Magistrate of the first 
class  having  jurisdiction  in  the  place  where  the  said  person  ordinarily  resides;  and  thereupon  the 
provisions of sections 82, 83, 84 and 85 of the Code of Criminal Procedure, 1973 (2 of 1974), shall 
apply in respect of the said person and his property as if the order directing that he be detained were a 
warrant issued by the Magistrate; 

(b) by order notified in the Official Gazette direct the said person to appear before such officer, at 
such  place  and  within  such  period  as  may  be  specified  in  the  order;  and  if  the  said  person  fails  to 
comply  with  such  direction,  he  shall,  unless  he  proves  that  it  was  not  possible  for  him  to  comply 
therewith and that he had, within the period specified in the order, informed the officer mentioned in 
the order of the reason which rendered compliance therewith impossible and of his whereabouts, be 
punishable with imprisonment for a term which may extend to one year or with fine or with both. 

(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), every 

offence under clause (b) of sub-section (1) shall be cognisable. 

1. Ins. by Act 35 of 1975, s. 2 (w.e.f. 1-7-1975). 

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8.  Advisory  Boards.—For  the  purposes  of  sub-clause  (a)  of  clause  (4),  and  sub-clause  (c)  of  

clause (7), of article 22 of the Constitution,— 

(a) the Central Government and each State Government shall, whenever necessary, constitute one 
or more Advisory Boards each of which shall consist of a Chairman and two other persons possessing 
the qualifications specified in sub-clause (a) of clause (4) of article 22 of the Constitution; 

(b) save as otherwise provided in section 9, the appropriate Government shall, within five weeks 
from the date of detention of a person under a detention order make a reference in respect thereof to 
the  Advisory  Board  constituted  under  clause  (a)  to  enable  the  Advisory  Board  to  make  the  report 
under sub-clause (a) of clause (4) of article 22 of the Constitution; 

(c) the Advisory Board to which a reference is made under clause (b) shall after considering the 
reference and the materials placed before  it and after calling for such further information as it may 
deem necessary from the appropriate Government or from any person called for the purpose through 
the appropriate Government or from the person concerned, and if, in any particular case, it considers 
it  essential  so  to  do  or  if  the  person  concerned  desires  to  be  heard  in  person,  after  hearing  him  in 
person, prepare its report specifying in a separate paragraph thereof its opinion as to whether or not 
there is sufficient cause for the detention of the person concerned and submit the same within eleven 
weeks from the date of detention of the person concerned; 

(d) when there is a difference of opinion among the members forming the Advisory Board, the 

opinion of the majority of such members shall be deemed to be the opinion of the Board; 

(e)  a  person  against  whom  an  order  of  detention  has  been  made  under  this  Act  shall  not  be 
entitled to appear by any legal practitioner in any matter connected with the reference to the Advisory 
Board, and the proceedings of the Advisory Board and its report, excepting that part of the report in 
which the opinion of the Advisory Board is specified, shall be confidential; 

(f)  in  every  case  where  the  Advisory  Board  has  reported  that  there  is  in  its  opinion  sufficient 
cause for the detention of a person, the appropriate Government may confirm the detention order and 
continue the detention of the person concerned for such period as it thinks fit and in every case where 
the Advisory Board has reported that there is in its opinion no sufficient cause for the detention of the 
person concerned, the appropriate Government shall revoke the detention order and cause the person 
to be released forthwith. 
1[9. Cases in which and circumstances under which persons may be detained for periods longer 
than three months without obtaining the opinion of Advisory Board.—(1) Notwithstanding anything 
contained in this Act, any person (including a foreigner) in respect of whom an order of detention is made 
under  this  Act  at  any  time  before  the  2[31st  day  of  July,  1999],  may  be  detained  without  obtaining,  in 
accordance with the provisions of sub-clause (a) of clause (4) of article 22 of the Constitution, the opinion 
of an Advisory Board for a period longer than three months but not exceeding six months from the date of 
his detention, where the order of detention has been made against such person with a view to preventing 
him from smuggling goods or abetting the smuggling of goods or engaging in transporting or concealing 
or keeping smuggled goods and the Central Government or any  officer of the Central Government, not 
below the rank of an Additional Secretary to that Government, specially empowered for the purposes of 
this section by that Government, is satisfied that such person— 

(a) smuggles or is likely to smuggle goods into, out of or through any area highly vulnerable to 

smuggling; or 

(b)  abets  or  is  likely  to  abet  the  smuggling  of  goods  into,  out  of  or  through  any  area  highly 

vulnerable to smuggling; or 

1. Subs. by Act 58 of 1984, s. 2, for section 9 (w.e.f. 13-7-1984). 
2. Subs. by Act 15 of 1996, s. 2, for “31st day of July, 1996” (w.e.f. 31-7-1996). 

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(c) engages or is likely to engage in transporting or concealing or keeping smuggled goods in any 

area highly vulnerable to smuggling, 

and makes a declaration to that effect within five weeks of the detention of such person. 

Explanation1.—In this sub-section, “area highly vulnerable to smuggling” means— 

(i) The  Indian  customs  waters  contiguous  to  1[The  States  of  Goa,  Gujarat,  Karnataka,  Kerala, 

Maharashtra and Tamil Nadu and the Union territories of Daman and Diu and Pondicherry]; 

(ii) The inland area fifty kilometres in width from the coast of India falling within the territories 
of 1[the  States  of  Goa,  Gujarat,  Karnataka,  Kerala,  Maharashtra  and  Tamil  Nadu  and  the  Union 
territories of Daman and Diu and Pondicherry]; 

(iii)  the  inland  area  fifty  kilometres  in  width  from  the  India-Pakistan  border  in  the  States  of 

Gujarat, Jammu and Kashmir, Punjab and Rajasthan; 

(iv) the customs airport of Delhi; and 

(v)  such  further  or  other  Indian  customs  waters,  or  inland  area  not  exceeding  one  hundred 
kilometres  in  width  from  any  other  coast  or  border  of  India,  or  such  other  customs  station,  as  the 
Central Government may, having regard to the vulnerability of such waters, area or customs station, 
as the case may be, to smuggling, by notification in the Official Gazette, specify in this behalf. 

Explanation  2.—For  the  purposes  of  Explanation  1,  “customs  airport”  and  “customs  station”  shall 
have the same meaning as in clauses (10) and (13) of section 2 of the Customs Act, 1962 (52 of 1962), 
respectively. 

(2)  In  the  case  of  any  person  detained  under  a  detention  order  to  which  the  provisions  of  

sub-section (1) apply, section 8 shall have effect subject to the following modifications, namely:— 

(i) in clause (b), for the words  “shall, within five weeks”, the  words “shall, within four months 

and two weeks” shall be substituted; 

(ii) in clause (c),— 

(1) for the words “the detention of the person concerned”, the words “the continued detention 

of the person concerned” shall be substituted; 

(2)  for  the  words  “eleven  weeks”,  the  words  “five  months  and  three  weeks”  shall  be 

substituted; 

(iii) in clause (f), for the words “for the detention”, at both the places where they occur, the words 

“for the continued detention” shall be substituted.] 

10. Maximum period of detention.—The maximum period for which any person may be detained in 
pursuance of any detention order to which the provisions of section 9 do not apply and which has been 
confirmed under clause (f) of section 8 shall be  2[a period of one year from the date of detention or the 
specified period, whichever period expires later] and the maximum period for which any person may be 
detained in pursuance of any detention order to which the provisions of section 9 apply and which has 
been confirmed under clause (f) of section 8 read with sub-section (2) of section 9 shall be  3[a period of 
two years from the date of detention or the specified period, whichever period expires later]: 

Provided that nothing contained in this section shall affect the power of the appropriate Government 

in either case to revoke or modify the detention order at any earlier time. 

1. Subs. by Act 23 of 1987, s. 2, for certain words (w.e.f. 2-7-1987). 
2. Subs. by Act 20 of 1976, s. 3, for “one year from the date of detention” (w.e.f. 12-12-1975). 
3. Subs. by s. 3, ibid., for “two years from the date of detention” (w.e.f. 12-12-1975). 

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1[Explanation.—In this section and in section 10A, “specified period” means the period during which 
the Proclamation of Emergency issued under clause (1) of article 352 of the Constitution on the 3rd day of 
December, 1971 and the Proclamation of Emergency issued under that clause on the 25th day of June, 
1975, are both in operation.] 

2[10A.  Extension  of  period  of  detention.—(1)  Notwithstanding  anything  contained  in  any  other 
provision  of  this  Act,  the  detention  of  every  person  detained  under  a  detention  order  which  has  been 
confirmed  under  clause  (f)  of  section  8  before  the  commencement  of  the  Conservation  of  Foreign 
Exchange  and  Prevention  of  Smuggling  Activities  (Amendment)  Act,  1976,  and  which  is  in  force 
immediately before such commencement shall, unless his detention has been continued by the appropriate 
Government  under  the  said  clause  for  a  period  shorter  than  one  year  from  the  date  of  his  detention, 
continue until the expiry of a period of one year from the date of his detention under such order or until 
the expiry of the specified period, whichever period expires later: 

Provided  that  nothing  contained  in  this  sub-section  shall  affect  the  power  of  the  appropriate 

Government to revoke or modify such detention order at any earlier time. 

(2)  Notwithstanding  anything  contained  in  any  other  provision  of  this  Act,  the  detention  of  every 
person detained under a detention order which has been confirmed under clause (f) of section 8 read with 
sub-section  (2)  of  section  9  before  the  commencement  of  the  Conservation  of  Foreign  Exchange  and 
Prevention  of  Smuggling  Activities (Amendment)  Act, 1976,  and  which is  in  force  immediately  before 
such commencement, shall, unless his detention has been continued by the appropriate Government under 
the said clause (f) read with the said sub-section (2), for a period shorter than two years from the date of 
his detention, continue until the expiry of a period of two years from the date of his detention under such 
order or until the expiry of the specified period, whichever period expires later: 

Provided  that  nothing  contained  in  this  sub-section  shall  affect  the  power  of  the  appropriate 

Government to revoke or modify such detention order at any earlier time.] 

11.  Revocation of  detention  orders.—(1)  Without  prejudice to the  provisions of  section  21  of  the 

General Clauses Act, 1897 (10 of 1897), a detention order may, at any time, be revoked or modified— 

(a)  notwithstanding  that  the  order  has  been  made  by  an  officer  of  a  State  Government,  by  that 

State Government or by the Central Government; 

(b) notwithstanding that the order has been made by an officer of the Central Government or by a 

State Government, by the Central Government. 

(2)  The  revocation  of  a  detention  order  shall  not  bar  the  making  of  another  detention  order  under 

section 3 against the same person. 

12.  Temporary  release  of  persons  detained.—3[(1)  The  Central  Government  may,  at  any  time, 
direct that any person detained in pursuance of a detention order made by that Government or an officer 
subordinate  to  that  Government  or  by  a  State  Government  or  by  an  officer  subordinate  to  a  State 
Government, may be released for any specified period either without conditions or upon such conditions 
specified in the direction as that person accepts, and may, at any time, cancel his release. 

(1A)  A  State  Government  may,  at  any  time,  direct  that  any  person  detained  in  pursuance  of  a 
detention  order  made  by  that  Government  or  by  an  officer  subordinate  to  that  Government  may  be 
released  for  any  specified  period  either  without  conditions  or  upon  such  conditions  specified  in  the 
direction as that person accepts, and may, at any time, cancel his release.] 

1. Ins. by Act 20 of 1976, s. 3 (w.e.f. 12-12-1975). 
2. Ins. by s. 3, ibid. (w.e.f. 12-12-1975). 
3. Subs. by s. 4, ibid.,for sub-section (1) (w.e.f. 12-12-1975). 

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(2) In directing the release of any person 1[under sub-section (1) or sub-section (1A), the Government 
directing  the  release]  may  require  him  to  enter  into  a  bond  with  sureties  for  the  due  observance  of  the 
conditions specified in the direction. 

(3)  Any  person  released  under  2[sub-section  (1)  or  sub-section  (1A)]  shall  surrender  himself  at  the 
time and place, and to the authority, specified in the order directing his release or cancelling his release, 
as the case may be. 

(4)  If  any  person  fails  without  sufficient  cause  to  surrender  himself  in  the  manner  specified  in  
sub-section (3), he shall be punishable with imprisonment for a term which may extend to two years, or 
with fine, or with both. 

(5)  If  any  person  released  under  2[sub-section  (1)  or  sub-section  (1A)]  fails  to  fulfil  any  of  the 
conditions imposed upon him under the said sub-section or in the bond entered into by him, the bond shall 
be declared to be forfeited and any person bound thereby shall be liable to pay the penalty thereof. 

3[(6)  Notwithstanding  anything  contained  in  any  other  law  and  save  as  otherwise  provided  in  this 
section,  no  person  against  whom  a  detention  order  made  under  this  Act  is  in  force  shall  be  released 
whether on bail or bail bond or otherwise.] 

4[12A. Special provisions for dealing with emergency.—(1) notwithstanding anything contained in 
this Act or any rules of natural justice, the provisions of this section shall have effect during the period of 
operation of the Proclamation of Emergency issued under clause (1) of article 352 of the Constitution on 
the 3rd day of December, 1971, or the Proclamation of Emergency issued under that clause on the 25th 
day  of  June,  1975,  or  a  period  of  5[twenty-four  months]  from  the  25th  day  of  June,  1975,  whichever 
period is the shortest. 

(2) When making an order of detention under this Act against any person after the commencement of 
the Conservation of Foreign Exchange and Prevention of Smuggling Activities (Amendment) Act, 1975 
(35 of 1975), the Central Government or the State Government or, as the case may be, the officer making 
the order of detention shall consider whether the detention of such person under this Act is necessary for 
dealing effectively with the emergency in respect of which the Proclamations referred to in sub-section 
(1) have been issued (hereafter in this section referred to as the emergency) and if, on such consideration, 
the Central Government or the State Government or, as the case may be, the officer is satisfied that it is 
necessary to detain such person for effectively dealing with the emergency, that  Government or officer 
may make a declaration to that effect and communicate a copy of the declaration to the person concerned; 

Provided that where such declaration is made by an officer, it shall be reviewed by the appropriate 
Government  within  fifteen  days  from  the  date  of  making  of  the  declaration  and  such  declaration  shall 
cease to have effect unless it is confirmed by that Government, after such review, within the said period 
of fifteen days. 

(3) The question whether the detention of any person in respect of whom a declaration has been made 
under  sub-section  (2)  continues  to  be  necessary  for  effectively  dealing  with  the  emergency  shall  be 
reconsidered  by  the  appropriate  Government  within  four  months  from  the  date  of  such  declaration  and 
thereafter  at  intervals  not  exceeding  four  months,  and  if,  on  such  reconsideration,  it  appears  to  the 
appropriate  Government  that  the  detention  of  the  person  is  no  longer  necessary  for  effectively  dealing 
with the emergency, the Government may revoke the declaration. 

1. Subs. by Act 20 of 1976, s. 4, for “under sub-section (1), the appropriate Government” (w.e.f. 12-12-1975). 
2. Subs. by s. 4, ibid., for “sub-section (1)” (w.e.f. 12-12-1975). 
3. Ins. by Act 35 of 1975, s. 3 (w.e.f. 1-7-1975). 
4. Ins. by s. 4, ibid. (w.e.f. 1-7-1975). 
5. Subs. by Act 90 of 1976, s. 2, for “twelve months” (w.e.f. 16-6-1976). 

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(4)  In  making  any  consideration,  review  or  reconsideration  under  sub-section  (2)  or  (3),  the 
appropriate  Government  or  officer  may,  if  such  Government  or  officer  considers  it  to  be  against  the 
public interest to do otherwise, act on the basis of the  information and materials in its or his possession 
without disclosing the facts or giving an opportunity of making a representation to the person concerned. 

(5) It shall not be necessary to disclose to any person detained under a detention order to which the 
provisions of sub-section (2) apply, the grounds on which the order has been made during the period the 
declaration  made  in  respect  of  such  person  under  that  sub  section  is  in  force,  and,  accordingly,  such 
period shall not be taken into account for the purposes of sub-section (3) of section 3. 

(6)  In  the  case  of  every  person  detained  under  a  detention  order  to  which  the  provisions  of  
sub-section  (2)  apply,  being  a  person  in  respect  of  whom  a  declaration  has  been  made  thereunder,  the 
period  during  which  such  declaration  is  in  force  shall  not  be  taken  into  account  for  the  purpose  of 
computing— 

(i) The periods specified in clauses (b) and (c) of section 8; 

(ii) The periods of “one year” and “five weeks” specified in sub-section (1), the period of “one 
year”  specified in  sub-section  (2)(i),  and  the  period  of  “six  months”  specified  in  sub-section  (3)  of 
section 9.] 

13. Protection of action taken in good faith.—No suit or other legal proceeding shall lie against the 
Central Government or a State Government, and no suit, prosecution or other legal proceedings shall lie 
against any person, for anything in good faith done or intended to be done in pursuance of this Act. 

14.  Repeal.—The  Maintenance  of  Internal  Security  (Amendment)  Ordinance,  1974  (11  of  1974), 
shall,  on  the  commencement  of  this  Act,  stand  repealed  and  accordingly  the  amendments  made  in  the 
Maintenance  of  Internal  Security  Act,  1971  (20  of  1971),  by  the  said  Ordinance  shall,  on  such 
commencement, cease to have effect. 

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